Article 16-05

GENERAL PROVISIONS*

Sections:

It shall be unlawful and a misdemeanor for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any permanent, temporary or portable building or structure in the City, or cause the same to be done, or to engage in any excavating or grading, or cause the same to be done, except as provided in this Chapter and the codes adopted by this Chapter. (Ord. No. 414, § 2(App. A), 11-5-2025)

(a) It shall be unlawful and a misdemeanor for any person to engage in any work for which a permit is required by this Chapter, or any code adopted by this Chapter, without first securing such a permit from the Building Official. Each applicant for a permit shall pay to the City for each permit issued, at the time of issuance, such fee as established from time to time by resolution of the City Council. All schedules of permit fees contained in any of the codes adopted by reference in this Chapter are repealed.

(b) The issuance, granting or modification of any permit pursuant to this Chapter, or any code adopted by this Chapter, shall not be deemed or construed to be a permit for or approval of any violation of any of the provisions of this Chapter or any other provision of this Code, or any other ordinance or regulation of the City, or any development condition imposed by the City, and any permit purporting to give authority to violate, contradict or cancel any of the provisions of

*Editor’s note— Ord. No. 414, § 2(App. A), adopted November 5, 2025, repealed the former Article 16-05, §§ 16-05.010—16-05.050, and enacted a new Article 16-05 as set out herein. The former Article 16-05 pertained to similar subject matter and derived from Ord. 71-193 § 1 (part), 1999; Ord. No. 328, § 1(Att. A, § 22), July 1, 2015; Ord. No. 389, § 1, March 16, 2022; Ord. No. 390, § 1, May 18, 2022.

this Chapter or any other Code provision, ordinance, regulation or development condition of the City shall be invalid.

(c) Prior to the issuance of any permit that affects the site, including change of use permits, pursuant to this Chapter, the applicant shall first obtain a zoning clearance from the Community Development Director certifying that the project as shown on the construction drawings complies with all applicable zoning regulations and development conditions. The zoning clearance shall not constitute a representation or warranty by the City to the owner of the property or to any other person with respect to the statements contained therein, nor shall the issuance of a zoning clearance prevent the City from enforcing any zoning regulation or development condition if a violation of the same is later found to exist.

(d) The issuance, granting or modification of any permit pursuant to this Chapter, or any code adopted by this Chapter, shall not be deemed or construed to be a permit for or approval of any modification of building or site plans previously approved by the City or development conditions imposed by the City, unless such modification is approved in accordance with Section 16-05.035 of this Article, and any permit purporting to give authority to modify any such building plans, site plans or development conditions shall be invalid.

eemed or construed to be a permit for or approval of any modification of building or site plans previously approved by the City or development conditions imposed by the City, unless such modification is approved in accordance with Section 16-05.035 of this Article, and any permit purporting to give authority to modify any such building plans, site plans or development conditions shall be invalid.

(e) Every application for a permit pursuant to this Chapter shall contain an agreement by the applicant to defend, indemnify and hold the City and its officers, officials, boards, commissions, employees and volunteers harmless from and against any and all claims, demands, actions, expenses or liabilities arising from or in any manner relating to the performance of the work authorized by the permit or the failure to comply with any terms or conditions of the permit.

(f) Unless otherwise specifically designated, all references to "permit" or "permits" under the provisions of this Article shall mean and include building, plumbing, electrical, mechanical, and grading permits.

(g) The building official shall not issue any permit for any project for which there is an outstanding previous violation of any of the provisions of this Chapter, or any code adopted by this Chapter, or any other provision of this Code relating to the project, after notification of the same, until such time as all such previous violations have been satisfactorily corrected; provided, however, the building official may issue such

(Saratoga Supp. No. 57, 1-26)

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16-05.020

permit if the violation is being corrected and will be completed by a time designated by the Building Official.

(Ord. No. 414, § 2(App. A), 11-5-2025)

No modification shall be made to any building or site plans previously approved by the City or to any development conditions imposed by the City, unless such modification has been approved as follows:

(a) Where the modification does not result in any exterior change to a structure or material change to an approved site plan, and does not otherwise violate or change any development condition relating to the project, the modification may be approved by the Building Official.

(b) Where the modification involves any change to a development condition, the modification shall be subject to approval by the Planning Commission if the condition was originally imposed by the Commission or by the City Council on appeal, or subject to approval by the Community Development Director if the condition was originally imposed by said Director.

(c) Any modification which is not described in either subsection (a) or subsection (b) of this Section shall be referred to the Community Development Director, for disposition as follows:

(1) If the project was originally approved by the Community Development Director, the modification may be approved by said Director.

(2) If the project was originally approved by the Planning Commission, or the City Council on appeal, the modification shall require approval by the Planning Commission if such modification results in any material change to the project or any adverse impact upon the surrounding area; otherwise, the modification may be approved by the Community Development Director. A material change shall include, but is not limited to, any ascertainable change in the size, height or elevations of a structure or its placement upon the site; any change in the approved elevation of a building pad; any ascertainable change in the location or design of access roads, driveways or parking areas; or any change in a specific requirement of an approved grading plan or landscape plan.

This Chapter shall not be construed as imposing upon the City any liability or responsibility for damages resulting from defective building, plumbing, electrical or mechanical work; nor shall the City or any employee or official thereof be held to assume any such liability or responsibility by reason of any action authorized by this Chapter.

(Ord. No. 414, § 2(App. A), 11-5-2025)

(a) Every person, as principal, agent or otherwise, who violates, or fails, neglects or refuses to comply with any provision of this Chapter, or any code adopted by this Chapter, shall be deemed guilty of a misdemeanor and shall be subject to all of the penalty and enforcement provisions as set forth in Chapter 3 of this Code.

(b) In addition to other penalties for the violation of any provision of this Chapter, or any code adopted by this Chapter, any building or other structure erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted, demolished, equipped, used, occupied, or maintained contrary to the provisions of this Chapter, or any use of any land, building or structure conducted, operated or maintained contrary to the provisions of this Chapter, or any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and may be summarily abated as such. In addition, the City Attorney shall, upon order of the City Council, immediately commence action or proceeding for the abatement and removal or enjoinment thereof in the manner provided by law and shall take such other steps as may be necessary or appropriate to abate and remove any such building, structure, condition or use constituting a public nuisance and to restrain and enjoin any person from erecting, constructing, enlarging, altering, repairing, moving, maintaining or using such building or structure, or using any property in the City, contrary to the provisions of this Chapter.

(c) The remedies provided for in this Section shall be cumulative and not exclusive.

(Ord. No. 414, § 2(App. A), 11-5-2025)

(Ord. No. 414, § 2(App. A), 11-5-2025)

(Saratoga Supp. No. 57, 1-26)

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